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CIRCULAR

Supplementing the Trade Ministry's Circular no. 22/2000/TT-BTM of december 15, 2000, which guides the implementation of the government's Decree no. 24/2000/ND-CP of july 31, 2000, detailing the implementation of the Law on Foreign Investment in Vietnam, regarding the calculation of accumulated depreciation value in the import of machinery, equipment and means of transport for the formation of fixed assets of foreign-invested enterprises

Pursuant to the Government's Decree No. 24/2000/ND-CP of July 31, 2000, detailing the implementation of the Law on Foreign Investment in Vietnam;

Pursuant to the Government's Decree No. 27/2003/ND-CP of March 19, 2003, amending and supplementing a number of articles of Decree No. 24/2000/ND-CP of July 31, 2000, detailing the implementation of the Law on Foreign Investment in Vietnam;

After reaching agreement with the Finance Ministry, the Trade Ministry hereby guides the calculation of accumulated depreciation value in the import of fixed assets of foreign-invested enterprises as follows:

1. To add Item 2.1.6 to Point 2.1 of the Trade Ministry's Circular No. 22/2000/TT-BTM of December 15, 2000, as follows:

"2.1.6. Regulations on the calculation of accumulated depreciation value in the import of machinery, equipment and means of transport for the formation of fixed assets:

- Where the import of machinery, equipment and means of transport has been included in economic-technical explanations but the investment capital distributed thereto does not suit the actual import, enterprises may use accumulated depreciation capital for the calculation of capital for the import. Such calculation must comply with the regulations on the import value of machinery, equipment and means of transport, which is in excess of the distributed import value defined at Item 2.1.1.

- In case of import of machinery, equipment and means of transport for the expansion of production capacity, enterprises may use accumulated depreciation capital for the calculation for import of machinery, equipment and means of transport for the expansion of capacity after the investment licensing agencies have certified the registration for production expansion. Such calculation must comply with the provisions of Item 2.1.2.

- In case of import of machinery, equipment and means of transport for technological replacement or renewal, enterprises may use accumulated depreciation capital for the import of new machinery, equipment and means of transport in replacement of the old ones. Such calculation must comply with the provisions of Item 2.1.3.

- Where, thanks to technical advances, there are new supporting equipment which can better serve enterprises' production/business activities, enterprises may import, with accumulated depreciation capital, new equipment if such equipment are suitable to the production objectives stated in the investment licenses; if the new equipment will result in a change in the production objectives, enterprises must obtain permission of the investment licensing agencies for adjustment of the production objectives before importing such equipment.

- Enterprises, when importing machinery, equipment and means of transport for the formation of fixed assets with accumulated depreciation capital, must strictly implement plans on the use of accumulated depreciation funds already registered with tax offices. The accumulated depreciation capital used in the calculation for the import of machinery, equipment and means of transport for the formation of fixed assets must not be included in the investment capital amount already committed for implementation."

2. This Circular takes effect 15 days after its publication in "CONG BAO.